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ELECTION, 



LAWS 


OF 


WYOMING TERRITORY. 


Published by authority of the 

FOURTH LEGISLATIVE ASSEMBLY. 


CHEYENNE, WYO. 

LEADER STEAM BOOK AND JOB PRINT. 

1876 . 
















ELECTION 


Assessment, « School 

LAWS of WYOMING. 


ELECTIONS. 

An Act to Provide for Elections, the Manner of Conducting the Same and for Other 

Purposes. 

Be it Enacted by the Council and House of Representatives of the Terri¬ 
tory of Wyoming , as follows.: 

TITLE I. 

Section 1. There shall he held in the several precincts or wards 
in this Territory, a general election on the first Tuesday in Sep¬ 
tember [Altered by Act of Dec. 11 th, 1875. Vide first section of follow¬ 
ing act. ] in each year hereafter, at which time there shall 
he chosen so many of the following officers, as are by law, to 
be elected in such year, that is to say : delegate to congress, (who 
shall be elected at the first general election.) Members of the 
council and house of representatives, who shall not be elected until 
the general election in the year one thousand eight hundred and 
seventy-one, (except to fill a vacancy;) sheriff, probate judge, 
county superintendent of schools, county clerk, prosecuting attor¬ 
ney, three county commissioners, assessor, county surveyor, and 
coroner, justices of the peace and constables, as shall be provided 
by law, including all other county officers or Territorial, as shall be 
provided by law. 

Sec. 2. Special elections may be held in the following cases, 

and for the election of the following officers: 

_ * 

First , When there has been no choice at the general election, of 
a delegate to congress, members of the council or house of repre¬ 
sentatives, or any county officers who should properly have been 
chosen at such general election ; 

Second, When the rights of a person elected to the office of mem¬ 
ber of the council, member of the house of representatives, or 
either of the said county offices, shall cease, by death or other¬ 
wise, before the commencement of the term of service for which 
he shall have been elected; 



o 


ELECTIONS. 


Third , When a vacancy shall occur in either of said county 
offices, after the commencement of the term of. service, and more 
than three months before the next general election; 

Fourth , When a vacancy occurs in the office of members of the 
council, or members of the house of representatives, after the gen¬ 
eral election, and before the meeting of the legislative assembly. 

Sec. 8. A vacancy in either of the offices named in the second 
section of this act, which shall not have been supplied by an elec¬ 
tion, before the general election next succeeding the happening 
thereof, may be supplied at such election. 

Sec. 4. Special elections shall be conducted, and the results 
thereof canvassed and certified, in all respects, as near as practi¬ 
cable, in like manner as general elections, except as otherwise 
directed; and no special election shall be held within ninety days 
preceding a general election. 


Sec. 5. All general and special elections shall be held at the 
place in each precinct or district where the last election was held, 
or at such other place therein as shall have been ordered by the 
board of county commissioners; Provided , Nothing in this act 
shall prevent the holding of two or more polls in one precinct or 
district when the same shall be ordered by the commissioners. 


Sec. 6 . Whenever it shall become impossible or inconvenient 
to hold an election at the place designated therefor, the judges of 
election, after having assembled at, or as near as practicable to, 
such place, and before receiving any vote, may adjourn to the 
nearest convenient place for holding the election, and at such 
adjourned place, forthwith proceed with the election. 

Sec. 7. Upon adjourning any election, as provided in the pre¬ 
ceding section, the judges shall cause proclamation thereof to be 
made, and shall station a constable, or some other proper person, 
at the place where the adjournment was made, to notify all electors 
arriving at such place, of the adjournment and the place to which 
it was made. 


Sec. 8. The secretary of the Territory shall, between the first 
day of July and the fifteenth day of the same month in each year, 
in which a delegate to congress, or any other Territorial officer 
is to be elected for a full term, make out and cause to be deliv¬ 
ered to the sheriff* of each county, a notice in writing, stating that at 
the next general election, the before mentioned Territorial officers 
are to be elected, or so many of such officers as arc then to be 
chosen. 


Sec. 9. If any vacancy shall exist in the office of delegate to 
congress, or any other Territorial office, proper to be supplied at 
the ensuing general election, one month before such election, 
the secretary of the Territory shall give notice in writing to the 


ELECTIONS. 


o 

o 


she rift of eaeli county, specifying the cause of such vacancy, the 
name of the officer in whose office it occurred, and the time when 
his term of office would have expired. 

Sec. 10. The secretary of the Territory shall, between the first 
day ot July and the fifteenth day of the same month in each year, 
in which the official term of any member of the council or mem¬ 
ber of the house of representatives shall expire, make out and 
cause to be delivered to [the] sheriff of each county comprising 
such district, or to the sheriff of each county which shall form a 
part thereof, a notice in writing, specifying the number of the 
district, and the name of the member or members, whose term of 
office will so expire. 

Sec. 11. All special elections for county officers, and the 
filling of all vacancies at a general election, shall be ordered 
by the county commissioners, which order shall be countersigned 
by the clerk of the board of county commissioners; in all other 
cases of special elections, they shall be called [by] the governor. 


Sec. 12. Every order or writ issued for a special election, shall 
specify the county or district in which such election is to be held, 
how the vacanev occurred, the name of the officer in whose office 
it occurred, the time when his term of office would have expired, 
and the day on which such election is to be held, which shall not 
be less than twenty nor more than forty days from the date of the 
order or writ; and the same shall be forthwith delivered to the 
sheriff of the proper county, or, in case of a vacancy in a district 
composed of more than one county, then to the sheriff of each 
county in such district. 


Sec. 13. County commissioners of the several counties in this 
Territory are hereby authorized to divide their respective counties 
into as many election precincts, for all general and special elec¬ 
tions, as they may think expedient for the convenience of the 
voters of said county; and to appoint as many sets of judges of 
elections to receive votes at the county seats, as they may think 
necessary; and shall designate the house or place in such pre¬ 
cinct, and in the precinct including the county seat, the house or 
houses, the place, or places, at which elections are to be holden; 
and the precincts and places of holding elections so established, 
shall so remain until changed by the board of county commis¬ 
sioners; Provided always, That it shall be the duty of the county 
commissioners, at any time, to change any place of holding elec¬ 
tions, upon a petition of a majority of voters residing within said 
precinct. 

Sec. 14. The board of county commissioners shall respectively, 
at the last session preceding any election, appoint three capable and 
discreet persons, possessing the qualifications of electors, to act as 


4 


ELECTIONS. 


judges of the election in each election precinct; and the clerk of 
said board shall make out and deliver to the sheriff of the county, 
immediately after the appointment of said judges, a notice in 
writing, directed to the judges so appointed; and it shall be the 
duty of said sheriff, within twenty days after the receipt of said 
notice, to serve said notice upon each of the said judges of the 
election. 

Sec. 15. The said judges of the election shall choose two per¬ 
sons having similar qualifications with themselves, to act as clerks 
of the election. The said judges of the election shall he, and 
continue judges of all elections of officers to be held within their 
precinct, for one year, and until other judges shall he appointed, 
as hereinbefore directed, and the said clerks of election may con¬ 
tinue to act as such during the pleasure of the judges of the 
election. 

Sec. 16. If any person appointed to act as a judge of the elec¬ 
tion, as aforesaid, shall neglect or refuse to be sworn or affirmed 
to act in such capacity, the place of such person shall be filled by 
the votes of such qualified voters residing within the precinct, as 
may then be present at the place of election, and the person or 
persons so elected or nominated to fill such vacancy or vacancies, 
shall be, and are hereby vested with the same power as if appointed 
by the board of county commissioners. 

Sec. 17. The clerks of election shall, before they enter upon 
the duties of their office, take a like oath as hereinafter required 
of judges of election. The oath of both judges and clerks to 
be written out in full, and signed by such judges and clerks, and 
subscribed by the officer or person administrating the oath. 

TITLE II. 

Sec. 18. That every male person above the age of twenty-one 
years, who shall have been a resident of this Territory ninety days 
prior to any election, and who is a citizen of the United States, or 
have declared on oath before a competent court of record, their 
intention to become such, and have taken an oath to support the 
constitution and government of the United States, shall be entitled 
to vote; and be eligible to any office within said Territory. 

[See Chapter 50, “Female Suffrage.”] 

Sec. 19. No person under guardianship, non compos mentis , or 
insane, shall be qualified to vote at any election; nor shall any 
person convicted of treason, felony, or bribery, unless restored to 
civil rights; nor shall any person who shall have made, or become, 
either directly or indirectly, interested in, any bet, or wager’ 
depending upon the result of any election at which he shall offer 
to vote, be permitted to vote at such election. 



ELECTIONS. 




o 


Sec. 20. At all general or special elections held in the Terri¬ 
tory of Wyoming, where the judges provided by law, or some of 
them, are absent, the electors present at the polls of any election 
at the ‘hour of nine o’clock, in the forenoon, shall proceed by viva 
voce vote to elect persons qualified as voters at such election to 
fill any vacancy to serve as judges of election, who, whether 
appointed by the commissioners, or elected, shall then and there 
severally take the following oath : “I, A, B, do solemnly swear, 

(or affirm) that I will impartially, and to the best of my knowledge 
and ability, perform the duties of judge of this election, and will 
studiously endeavor to prevent all frauds, deceit and abuse in con¬ 
ducting the same.” Such oath may be taken before any justice 
of the peace, or other person authorized to administer oaths; but 
if no person authorized to administer an oath he present, then 
such judges shall administer the oath to each other, with like 
effect in all proceedings, both civil and criminal, as though the 
oath had been administered by a person authorized to administer 
oaths independent of this act. 

Sec. 21. At all elections, a poll shall be opened at the place 
of election in each precinct. Such polls shall he opened as soon 
after nine o’clock in the forenoon as possible, and be kept open 
until sundown without adjournment. Proclamation shall be made 
of the closing of the polls one-half hour before the closing thereof. 

Sec. 22. The judges of election shall appoint some constable 
present (if there shall be one) to preserve order at and about the 
polls. If no officer be in attendance, the judges of the election 
may appoint one specially by a written appointment, and he shall 
have all the powers of a regular constable, and be obeyed as such. 

Sec. 23. If any person conducts himself in a noisy, riotous or 
tumultuous manner, at or about the polls, so as to disturb the elec¬ 
tion, or insults or abuses the judges or clerks of election, or any 
voter in exercising his right of suffrage, it shall be the duty of the 
officer present forthwith to arrest such offending person or persons, 
and take him or them before some justice of the peace, if there 
shall he one in the same village, camp or city, or if there is no 
justice of the peace at such place, then before the judges of elec¬ 
tion, and they are authorized, by a warrant under their hands, or 
a majority of them, to commit such offender to the jail of the 
county for a term not exceeding twenty-four hours. If such 
offender be taken before a justice, he shall be dealt with as one 
guilty of a breach of the peace, and punished accordingly; but in 
all cases, such offender, if qualified, shall be allowed to vote before 
being committed, if he then desires to do so. 

Sec. 24. The names of all persons voted for by any elector at 
any general or special election, shall be on one ballot. 

Sec. 25. Every elector shall vote by ballot, and each person 


(J 


ELECTIONS. 


f 


offering to vote shall deliver liis ballot to one of the judges ot 
election in the presence of the others. The ballot shall be a paper 
slip upon which shall he written or printed, or partly written or 
partly printed, the names of persons for whom the elector intends 
to vote, and shall designate the office to which each person so 
named is intended by him to he chosen; but no ballot shall contain 
a greater number of names of persons designated to any office, 
than there are persons to be chosen at the election to till such 
office. 

Sec. 26. It shall he lawful for any elector to vote for delegate 
to congress, at any place of holding election in the Territory. 
For all other officers, electors must vote in the precinct where 
they reside at the time of such election. 

Sec. 27. If any person offering to vote shall he challenged as 
unqualified by the judges or clerks of election, or by any other 
person entitled to vote at the same polls, the judges shall declare 
to the person so challenged the qualification of voters; if such 
person shall then state himself duly qualified and the challenge he 
not withdrawn, one of the judges shall then tender to him the 
following oath: “You do solemnly swear (or affirm) that you-are 
twenty-one years of age; that you are a citizen of the United States 
(or that you have declared your intention to become a citizen, con- 
formably to the laws of the United States on the subject of 
naturalization); that you have resided in this Territory ninety days 
next .preceding this election; that you have not voted at this 
election.” 

Sec. 28. If any person so ottering to vote shall take such oath, 
his vote shall he received; and if such oath shall be knowingly 
false, the person taking it shall be deemed guilty of perjury, and 
shall, upon conviction thereof, be punished under the law fixing a 
penalty for perjury. 

Sec. 29. There shall be provided and kept by judges of each 
election precinct, (at the expense of the county,) a substantial 
ballot box, with lock and key; there shall be an opening through 
the lid of such box of sufficient size to admit a single folded ballot. 
Before opening the polls the judges shall examine such box that noth¬ 
ing may remain therein; it shall then be locked and the key thereof 
delivered to one of the judges to be designated by the others, 
after which such box shall not be opened during the election. 

Sec. 30. When a ballot shall be received, one of the judges, 
without opening the same or permitting it to be opened or examined 
(beyond determining whether the same be double), shall deposit it 
in the box. It shall be the duty of each judge or clerk of the 
election to challenge all persons whom he shall know or shall sus¬ 
pect as not being qualified voters. 


ELECTIONS. 


7 


Sec. 31. ^ Each clerk shall keep a full list, which shall contain 
the names ol all the persons voting at such election in their numerical 
order.. In case of adjournment, each clerk shall keep his poll list, 
and. the judges shall seal up the hole in the box ; one of the judges 
taking the box, and another the key, and if any judge or clerk of 
election or other person shall open" said box in any way, during 
such adjournment, he shall be deemed guilty of a misdemeanor, 
and punished, upon conviction thereof, with imprisonment not less 
than three nor more than nine months. 


Sec. 32. As soon as the polls of the election shall he closed, 
the judges shall proceed immediately, publicly to canvass the vote 
given, and shall continue without adjournment until completed. 
The canvass must commence by a comparison of the poll lists, and 
they must be made to agree; the ballot box shall then he opened, 
and the ballots counted by the judges and clerks, unopened, and if 
there are more ballots than names upon the poll list, the ballots 
must be returned to the box, shaken up, and one of the judges 
shall draw from such box, ballots enough to make the remainder 
agree with the poll list, which ballots so drawn shall be destroyed; 
and ballots being found so folded as to bear the appearance of 
having been voted by one person, they shall not be counted, but 
preserved with the poll books; the poll list and ballots being made 
to agree, the judges and clerks shall then proceed to count and 
ascertain the number of votes cast for each person named upon 
such ballots ; when the votes shall have been examined and counted, 
the clerks shall set down in their poll books the name of every 
person voted for, written at full length, the office for which such 
person received such vote or votes, and the number he did receive, 
the numbers being expressed in words at full length, such entry 
to be made as nearly as circumstances will admit, in the following 

form, to-wit: “At an election held at the house of-, in 

-precinct, in the county of-, and Territory of 

Wyoming, on the-day of-, in the year of our 

Lord, one thousand eight hundred and-, the following named 

persons received the number of votes annexed to their respect¬ 
ive names’, for the following described offices, to-wit:- 

had-votes for delegate to congress;-—had 

-votes for council;-had-votes for house 

of representatives;-had--votes for sheriff; 

-had- votes for county clerk; -»— had 

-votes for county treasurer;-had-votes 

for county commissioner;-had-votes 

for probate judge; --had-votes for county superin¬ 
tendent; -had-votes for coroner;-had 

-votes for surveyor;-had-votes for 

county assessor;-had-votes for county attor- 


































8 


ELECTIONS. 


11 ey 


j > 


had 


had-votes for justice of the peace; 

votes for constable. Certified by us, A. B., 


C. D., E. F., judges of election. Attest, G., II., I., J., clerks of 
the election.” And as soon as all the votes shall have been read 
off and counted, the judges or board of election shall make out a 
certificate under their hands as provided in this section. 

Sec. 33. The judges of the election shall then inclose and seal 
one of the poll books under cover, directed to the county clerk of 
the county in which such election is held, and the packet, thus 
sealed, shall be conveyed by one of the judges or clerks of elec¬ 
tion to be determined by lot, if they cannot agree otherwise, and 
delivered to the said county clerk of the county, at his office, 
within fourteen days from the closing of the polls. And if any 
judge or clerk of an election, after having been deputed by the 
judges of the election at which he served as judge or clerk, to 
carry the poll book of such election to the county clerk of the 
county, shall fail or neglect to deliver such poll book to the said 
county clerk, within the time prescribed by law, safe, with the 
seal unbroken, he shall, for every offense, forfeit and pay the sum 
of five hundred dollars, for the use of the county, to be recovered 
in the name of the commissioners of the county, by an action of 
debt, in any court of competent jurisdiction; Provided , That infor¬ 
mality in the delivery of the poll books, as directed by this sec¬ 
tion, shall not invalidate the vote of any precinct. 

Sec. 34. On the fifteenth day after the close of the election, 
or sooner, if all the returns be received, the county clerk of the 
county taking to his assistance two justices of the peace of his 
county, shall proceed to open the said returns and make abstracts 
of the votes in the following manner : The abstract of votes for 
delegate to congress, shall be in one sheet, and the abstract of 
votes for members of the council and house of representatives of 
the legislative assembly shall be on another sheet, and the abstract 
of votes for county officers shall be on another sheet; and it shall 
be the duty of the said county clerk of the county immediately to 
make out a certificate of election to each of the persons having the 
highest number of votes for county offices respectively,, and 
deliver such certificate to the person entitled to it, on his making 
application for that purpose to the county clerk at his office. 

Sec. 35. It shall be the duty of the county clerk of each 
county, on the receipt of the election returns of any general or 
special election, to make out his certificate, stating therein the 
compensation to which the judges and clerks of each election may 
be entitled for services, and lay the same before the board of 
county commissioners at their next meeting; and the said board 
shall order the compensation aforesaid to be paid out of the 
county treasury. 






ELECTIONS. 


f) 

Sec. 86. The county clerk of the county, immediately after 
making out abstracts of the votes given in his county, shall make 



tory. 


Sec. 37. If the returns of the election of any county in this 
Territory shall not be received at the office of the secretary of the 
Territory within thirty days after the election, the said secretary 
shall forthwith send a messenger to the county clerk of such 
county, whose duty it shall be to furnish such messenger with a 
copy of such return ; and the said messenger shall be paid out of 
the Territorial treasury, the sum of live dollars per day, and fif¬ 
teen cents per mile for each mile he shall necessarily travel in 
going to and returning from the office of said clerk. 

Sec. 38. The secretary of the Territory, auditor, treasurer, or 
any tw T o of them, in the presence of the governor, shall proceed, 
within thirty days alter the election, and sooner, if all the returns 
be received, to canvass the vote given for all Territorial officers 
and members of the Council and House of Representatives, and 
the governor shall give a certificate of election to the persons 
having the highest number of votes for each office. In case there 
shall be no choice, by reason of any tw r o or more persons having 
an equal number of votes for the same office, the governor shall 
call a special election in the manner provided for by law. If any 
judge of the election, or clerk, or any other officer or person, in 
any manner concerned in conducting the election, shall wilfully 
neglect, improperly delay, or refuse to perform, any of the duties 
required by this act, after having undertaken to perform such 
duties, he shall forfeit and pay to the Territory the sum of fifty 
dollars; and if any such judge of the election, olerk, or other 
officer or person, in anywise concerned in conducting the election, 
shall knowingly admit any person to vote not qualified according 
to law, or shall knowingly receive and count more than one vote 
from one person at the same election, for one office, or shall be 
guilty of fraud, corruption, or partiality, or manifest misbehavior 
in any matter or thing relating to said election, each and every 
person so offending shall forfeit and pay to the county the sum of 
one hundred dollars, to be recovered in any court of record in the 
Territory, for the use of the county in an action of debt, with 
costs of suit, or at the suit of any person who may sue for the 
same, one-half for the use of the person sueing, and the other half 
fortlie use of the county; and every such person so offending 
shall, on conviction, be rendered incapable of holding any office 
within this Territory. 

Sec. 39. If any judge or judges of election shall refuse to 
receive the vote of any elector, according to the first section of 
_ 9 


10 


ELECTIONS. 


this act, who shall comply, or offer to comply, with the provisions 
of this act, then every judge, or the judges, so refusing, or 
neglecting to receive the vote of the person aforesaid, and to 
record it as a legal vote, shall be liable to he indicted, and, on con¬ 
viction, be lined five hundred dollars, and imprisoned not exceed¬ 
ing thirty days. 

Sec. 40. If the county clerk shall neglect or refuse to perform 
the duties as pointed out in this act, he shall be liable to be 
indicted, and, on conviction, shall be fined in a sum not exceed¬ 
ing five hundred dollars, and imprisoned not exceeding thirty 
days. 

Sec. 41. If any person shall mutilate or erase any name, fig¬ 
ure, or word in a poll book taken or kept at any election, or if 
any person shall take away such poll hook from the place where 
it has been deposited for safe keeping, with an intention to 
destroy the same, or to procure, or prevont the election of any 
person; or if any person shall destroy any poll book so taken 
and kept at any election, he or she shall be liable to be indicted, 
and, on conviction, shall be fined not exceeding five hundred 
dollars, and imprisoned not exceeding sixty days in the county 
jail 

Sec. 42. No mere irregularity in the form of oath admin¬ 
istered to any judge or clerk of election, or in certifying the same, 
or in signing or returning the statement of the result of any elect¬ 
ion, or any other irregularity in the manner of conducting any 
election, shall authorize the county board of canvassers in throw¬ 
ing out the vote of any precinct, but. the vote returned shall be 
counted by the board of county canvassers, unless said improprie¬ 
ties are such as to bear evidence of fraudulent practices, in which 
case the vote shall not be counted, but a record of all the facte 
pertaining to such irregularities shall be made by such board, and 
filed with the register of deeds. 

TITLE III. 

Sec. 43. If any person shall be defeated for any ofiice by the 
rejection of any vote of a precinct, or precincts, such person, or 
any elector of the proper county, or council, or representative 
district, may contest the validity of such rejection, or the right of 
any person proclaimed duly elected to his seat in the council or 
House of Representatives. Such person shall give notice thereof 
m writing to the person whose election he intends to contest or 
leave a written notice thereof at the house where such person last 
resided, within twenty days after the vote of the election shall 
have been canvassed by the Territorial board of canvassers 
expressing the points on which the same will be contested, and 
tiie names of two justices of the peace, who will officiate at the 


ELECTIONS. 


11 


taking ot the depositions, and when and where they will attend to 
take the same; and such notice shall he served at least ten days 
before the day so pointed out therein for the taking of the depo¬ 
sition. 

Sec. 44. That the said justices, or either of them, shall have 
power, and are hereby authorized and required, to issue subpoe¬ 
nas to all persons whose testimony may he required by either of 
the parties, and the said two justices, when met, shall hear, and 
•certify under seal, all testimony relative to such contested elec¬ 
tion, to the presiding officer of the branch of the Legislative 
assembly, where the person whose seat is contested may be 
returned, to [he] served at the next session. 

Sec. 45. That no person shall contest the election of any mem¬ 
ber of the council or house of representatives, unless he is an 
elector of that county or district, from which the person is returned 
to serve; no testimony shall be received by the justices on the 
part of the person contesting the election, which does not relate 
to the point specified in the notice, a copy of which notice shall 
be delivered to the said justices, and by them transmitted to the 
presiding officer of that branch of the legislative assembly where 
the contest is to be decided, with the other documents. 

Sec. 46. That the method to be pursued in contesting the 
elections of persons declared duly elected sheriff*, coroner, county 
recorder,[county treasurer, county commissioner, or county assessor, 
or other county officers, shall, in every respect, be similar to the 
method directed as aforesaid to be pursued in contesting the elec¬ 
tion of members of the council and house of representatives of 
the legislative assembly, save only that the testimony taken as 
aforesaid, and all matters relative to such contest, shall be sent to 
the probate court of the proper county, on or before the second 
day of the term next ensuing the thirty days allowed in which to 
take depositions, by the preceding sections ; and the said probate 
court, at the said first term after thirty days shall have expired, 
shall hear and determine the contest. 

Sec. 47. That if any officer charged with any duties under this 
act, shall refuse or neglect to perform the duties required of him 
by this act, according to the true intent and meaning thereof, he 
shall, on conviction thereof, before any court having cognizance 
to that amount, be fined in any sum, at the discretion of the court, 
not exceeding two hundred dollars. 

Sec. 48. Any person who shall vote in this Territory, who has 
not been a resident thereof ninety days immediately preceding 
the election, or who at the time of the election is not twentv-one 
years of age, lie knowing the same, or is not a citizen of the 
United States, or declared his intentions to become such, as pro¬ 
vided by law, he knowing the same, shall, on conviction thereof, 


12 


ELECTIONS. 


be imprisoned in the penitentiary and kept at hard labor not less 
than six months, nor more than three years. 

Sec. 49. Any person who shall procure aid, assist, or advise 
another to go into any county for the purpose of giving his vote 
therein, knowing that such other person is not qualified to vote in 
such county, shall, on conviction thereof, be fined in a sum not 
exceeding one hundred dollars. 

Sec. 50. Any person who shall, after the opening of the polls, 
fraudulently put a ballot or ballots, or ticket or tickets, into the 
ballot box, shall, on conviction thereof, be imprisoned in the pen¬ 
itentiary and kept at hard labor not less than one year, nor more 
than three years. 

Sec. 51. When any person’s vote shall be recei ved after having 
taken the oath prescribed in this act, it shall be the duty of the 
clerk of the election to write on the poll-book, at the end of the 
name of such person, the word “sworn.” 

Sec. 52. Any judge of the election who shall, after the open¬ 
ing of the polls, put a ballot or ticket into the ballot box, except 
his own, or such as may be received in the regular discharge of 
his duty, shall, on conviction thereof, be imprisoned in the peni¬ 
tentiary, an 1 kept at hard labor not less than five years, nor more 
than ten years. 

Sec. 53. That all lines and penalties imposed by this act, shall 
be recovered with costs of suit in an action of debt for the use of 
the county. 

_ • 

Sec. 54. This act shall take effect and be in force from and 
after its passage. 

Approved, December 10, 1869. 

[Note.— .Section 1, Title 1, was altered by Act of December 11th, 1.875, Vide first Section 
oi next succeeding act.— Compilers.] 


An Act to Fix the time of Holding General Elections. 

Be it enacted by the Council and House of Representatives of the Ter¬ 
ritory of Wyoming: 

Section 1 . That hereafter there shall be held, in the several 
voting precincts of this Territory, on tne Tuesday next after the 
first Monday in November, eighteen hundred and seventy-six 
(1876), and every two years thereafter, a general election, at which 
the following officers shall be chosen,that is to say: Delegate in 
Congress, sheriff, county clerk, probate judge, county treasurer, 
prosecuting attorney, county commissioners, superintendent of 
schools, coroner, surveyor, assessor, justices of the peace, con¬ 
stables. 




ELECTIONS. 


13 


Sec. 2. That all county officers elected at any general election 
shall qualify and enter upon the discharge of their respective 
duties upon the first Monday in January immediately following 
such general election. 

Sec. 3. That all acts and parts of acts inconsistent with this 
act, are hereby repealed. 

Sec. 4. This act shall take effect and be in force from and 
after its passage. 

Approved, Dec. 11, 1875. 


An Act Prohibiting the Establishment of Election Precincts upon Military Reserva¬ 
tions within the Territory of Wyoming. 

Be it enacted by the Council and House of Representatives of the Terri¬ 
tory of Wyoming: 

Section 1. Hereafter, there shall be no election precincts or 
voting places for any election, eithor general, or special, estab¬ 
lished, or polls held, within the limits of any military reservation 
within the Territory of Wyoming, or in any other place or building 
in said Territory which may be under the sole and exclusive juris¬ 
diction of the United States of America. 

Sec. 2. The county commissioners of any county in this Terri¬ 
tory in which a military reservation is located, shall ascertain the 
most suitable place near such reservation for an election precinct 
or voting place, and shall establish at such place a precinct, or 
place for voting, for the convenience of the legal voters upon such 
reservation: Provided , That where a precinct or voting place in any 
county has heretofore been established within five miles of any 
military reservation, the legal voters thereon shall continue to vote 
at such precinct or voting place until a change shall be made by 
the county commissioners of such county. 

Sec. 3. This act shall take effect and be in force from and 
after its passage. 

Approved, December 2, 1875. 



14 


SCHOOL LAWS. 


School Laws. 


An Act Providing for the Organization of School Districts, Schools, and other Pur¬ 
poses. 

Be it enacted by the Council and House of Representatives of the Terri¬ 
tory of Wyoming : 

Superintendent of Public Instruction. 

Section 1 . The Territorial librarian shall be ex officio , super- 
tendent of public instruction, and shall perform all tho duties 
which, by this act, or any law of the Territory, pertain to that 
office. 

Sec. 2. The duties of superintendent shall be as follows : He 
shall tile all papers, reports and public documents transmitted to 
him by the school officers of the several counties, each year, sepa¬ 
rately, hold the same in readiness to be exhibited to the governor, 
or to any committees of either house of the legislative assembly ; 
and shall keep a fair record of all matter pertaining to the busi¬ 
ness of his office. He shall have a general supervision of all the 
district schools of the Territory, and shall see that the school 
system is, as early as practicable, put into uniform operation. 
He ,shall prepare and have printed, suitable forms for all reports 
required by this act, and shall transmit the same, with such 
instructions in reference to the course of studies as he may judge 
advisable, to the several officers entrusted with their manage¬ 
ment and care. He shall make all further rules and regulations 
that may be necessary to carry the law into full effect, according 
to its spirit and intent, which shall have the same force and effect 
as though contained herein. He shall make a report to the legis¬ 
lative assembly on the first day of each regular session thereof, 
exhibiting the condition of public schools, and such other mat¬ 
ters relating to the affairs of his office as he may think proper to 
communicate. 

Sec. 3. One copy of all books, maps, charts, or school 
apparatus, which may be received by the superintendent of public 
instruction, from publishers, inventors, or manufacturers, shall be 
placed by him in the public library of this Territory. 

Sec. 4. The superintendent of pnblic instruction shall also have 
power to grant certificates of qualification to teachers of proper 



SCHOOL LAWS. 


15 


learning and ability, to teach in any public school in the Territory, 
and to regulate the grade of county certificates. 

Sec. 5. The Territorial superintendent of public instruction, 
with the several county superintendents, shall hold annually at 
some convenient place, a Territorial teachers’ institute, for the 
instruction and advancement of teachers; said institute not to 
continue less than four days, and not to exceed ten days, which 
institute shall be free to all teachers and those preparing to teach 
in this Territory; which institute shall be assembled on the second 
Monday in August of each year, and may also be attended by the 
county superintendents of schools. It shall be the duty of said 
institute, during its sittings, to discuss and decide upon a series of 
books and a system of education which shall be uniform through¬ 
out the Territory; and it shall be the duty of the Territorial 
superintendent to see that the books and system decided upon 
shall be introduced in all the schools of the Territory, to the exclu¬ 
sion of all others ; Provided , That the series of books so adopted 
shall not be changed oftener than once in three years ; And 'pro¬ 
vided further , That such change of books shall not be made except 
upon the vote of a majority of the board. 

Sec. 6 . The compensation of superintendent of public instruc¬ 
tion for his services shall be the sum of four dollars per day, not 
to exceed thirty days in an} one year, for time spent in the dis¬ 
charge of his official duties, his traveling expenses, actually and 
necessarily incurred, and the expense of procuring blank forms, 
postage, stationary, and such books as are necessary for the use of 
his office, all of which allowances shall be paid by the Territorial 
treasurer, on their presentation in an account duly certilied and 
sworn to before some one authorized by law to administer oaths. 

County Superintendent of Schools. 

Sec. 7. The duties of county superintendent of schools shall 
be as follows : He shall, on the first Monday of October of each 
year, transmit to the superintendent of public instruction a 
report, containing an abstract of the several particulars set forth 
in the reports of the district clerks, together with a statement of 
the financial affairs of his office, and such suggestions as he may 
think proper to make relative to the schools of his county. He 
shall distribute to the district officers within his county, such blank 
forms, circulars and other communications as maybe transmitted 
to him, for that purpose, by the superintendent of public instruc¬ 
tion. On the first Monday in December, annually, he shall appor¬ 
tion the county school tax, and all money in the county treasury 
belonging to the county school fund, among the several school 
districts of hi's county, in proportion to the number of pupils in 
attendance in the schools of said district, reported to him by the 


SCHOOL LAWS. 


10 

several district clerks and shall record a statement thereof in his 
office, and shall also notify the county treasurer of such appor¬ 
tionment. He shall immediately draw an order on the county 
treasurer in favor of the treasurer of each district, for the amount 
of its proportion, and transmit the same to the treasurer of the 
district, which draft the county treasurer shall pay to the district 
treasurer upon presentation of the draft properly indorsed. He 
shall divide the settled parts. of the county into school districts, 
and may alter and change the boundaries of districts thus formed, 
from time to time, as the convenience of the inhabitants of the 
aforesaid districts may require; and shall proceed to make such 
'change at any time when petitioned by two-thirds of the legal 
voters of any district. He shall examine every person offering 
himself or herself as teacher of public schools, and if, in his 
opinion, such person is qualified to teach a public school, shall 
give him, or her, a certificate, authorizing him or her to teach a 
public school in his county for one year. Whenever practicable, 1 
the examination of teachers shall be competitive, and the certifi 
cate shall be graded according to the qualifications of the appli¬ 
cant. He shall have the general superintendence of the schools 
in his county, and shall visit each school at least twice each term, 
and shall have power to dismiss all teachers he may find to be 
incompetent. 

Sec. 8. Should he fail to make his reports, as required in the 
foregoing section, he shall forfeit the sum of one hundred dollars, 
and suit shall be brought on his official bond for the collection of 
the same, with damages, by the prosecuting attorney. 

Sec. 9. He shall see that the annual reports of the clerks of 
the several school districts in his county are made correctly and in 
due time, and shall hear and determine all appeals from the deci¬ 
sion of the district boards. 

School Districts—Organization Powers . 

Sec. 10. Whenever a school district shall be formed in any 
county, the county superintendent of schools in such county shall, 
within fifteen days thereafter, prepare a notice of the formation of 
such district, describing its boundaries and stating the number 
thereof, and appointing a time and place for the district meeting. 
He shall cause the the notice, thus prepared, to be posted in at 
least five public places in the district, at least ten days before the 
time appointed for such meeting; and when a joint district is 
derived from portions of two or more counties, the county super¬ 
intendents of each county, from which any portion of the new 
district is taken, shall unite in giving the customary notices, and 
the new district shall be numbered by the superintendent of the 
county having the highest number of districts. 

Sec. 11. A majority of the voters in any school district, being 


17 


SCHOOL LAWS. 

dissatisfied with the formation of any school district, shall have 
the right to appeal from the superintendent to the board of county 
commissioners, and from the board of county commissioners to 
the superintendent of public instruction. 

Sec. 12. All citizens over the age of twenty-one years, who 
have resided for thirty days within such district, and who are 
liable to pay school tax therein, or in the county, and none others, 
shall be deemed qualified electors at school meetings held within 
such district: Provided , That, after the first year of the organiza¬ 
tion of any school district, no person shall be deemed a qualified 
elector at any such meetings, who, being liable to pay a school tax 
therein, or in the county, in the year preceding, hath failed to pay 
the same. 

Sec. 13. The qualified electors of a district, when assembled 
in accordance with the notice required in the foregoing section, 
shall organize bv appointing a chairman and secretary who shall 
act as judges of the election, and the name of each elector shall 
be recorded by the secretary. They shall then, by ballot, elect 
three trustees, one to hold his office until the next succeeding 
annual district election, one to hold his office until the second 
succeeding district election, and one to hold office until the third 
succeeding annual election; they shall hold their office during the 
terms for which they are elected respectively, and until their suc¬ 
cessors are elected and qualified. The trustees shall constitute a 
board of directors for the district, and shall, as soon as they are 
qualified, choose from their number a director, treasurer, and 
clerk of the district. 

Sec. 14. Said directors shall, within ten days after their elect¬ 
ion, appear before some justice of the peace, and take an oath for 
the faithful performance of their duties; and, in case they fail to 
do so, they shall each forfeit the sum of twenty-five dollars for the 
use of the school dsitrict. 

Sec. 15. Each school district formed under the provisions of 
this act, is hereby declared to be a body corporate by the name 

and style of school district, Ao. -, in the county of-, and 

Territory of Wyoming ; and in that name it may hold property, 
and be a party to suits and contracts. 

Sec. 16. The regular meeting of each school district shall be 
held on the first Monday of May of each year. And, when pre¬ 
sent, the director and clerk shall preside as chairman and secre¬ 
tary of such meeting. 

Sec. 17. The qualified electors of the district, when assem¬ 
bled, shall have power: 

Firsty To appoint a chairman and secretary in the absence of 
the regular officers : 

O 




18 


SCHOOL LAWS. 


Second, To adjourn from time to time, as occasion may require; 

Third, To determine the number of schools which shall be 
established in the district, and the length of time each shall be 
taught; 

Fourth, To fix the site of each school house, taking into con¬ 
sideration in doing so, the wants and necessities of the people of 
each portion of the district; 

Fifth, To vote such sum of money as the meeting shall deem 
sufficient for any of the following purposes : To supply any 
deficiency in the fund for the payment of teachers; to purchase 
or lease a suitable site for a school house, or school houses; to 
build, rent, or purchase, a school house or school houses, and to 
keep in repair and furnish the same with the necessary fuel and 
appendages; for procuring libraries for the schools, books, and 
stationery for the use of the board and district meetings; for pur¬ 
chasing books for indigent scholars, and to defray all other con¬ 
tingent expenses of the district; 

Sixth, To direct the sale or other disposition to be made of any 
school house, or the site thereof, and of such other property, real 
or personal, as may belong to the district; and to direct the man¬ 
ner in which the proceeds arising therefrom shall be applied; 

Seventh , To vote a sum not exceeding one hundred dollars in 
any one year, to procure a district library, consisting of such books 
as they may direct any person to procure ; 

Eighth, To delegate any or all powers contained in the forego¬ 
ing specifications of the district board ; 

Ninth, To transact generally such business as may tend to pro¬ 
mote the cause of education, in accordance with the provisions of 
this act. 

Sec. 18. . In voting money, the district meetings shall designate 
the respective objects for which the same is raised, and the amount 
to be raised for each object, and the aggregate amount shall be 
assessed and collected, as provided in this act. 

Sec. 19. They may adopt rules of order, not incomputable 
with the provisions of this act, and the instructions of the super¬ 
intendent of public instruction, for the government of district 
meetings, and may alter and change the same from time to 
time as occasion may require, and may prescribe the manner of 
taking the sense of the meeting upon any question; Provided , 
That the last specification shall not apply to the election of 
officers. 

Sec. 20. In all cases where there are moneys belonging to the 
school house fund remaining in the hands of the district treasurer 
of any school district, and the board of directors thereof are satis¬ 
fied that such moneys are not required to build a school house, or 


19 


SCHOOL LAWS. 

school houses, in said district, or repair or furnish the same, such 
moneys may he transferred and accredited to the teachers’ fund, 
and applied to the payment of teachers. And the board may also 
in like manner transfer a surplus of the teachers’ fund to the fund 
for building school houses when required. 

Sec. 21. There shall be elected, in each organized school district, 
at the regular annual district meeting, on the first Monday of May 
of each year, one trustee, who shall hold his office for three years, 
and until his successor is duly elected and qualified. If, for any 
reason, the annual election should not be held at the regular meet¬ 
ing, a special meeting for that purpose may be held. The trustees 
together, constitute a board of directors for the district and shall 
elect from their number a director, treasurer and clerk of the 
district; and at the first annual election, there shall be three 
trustees elected, one to hold his office for the term of three years, 
and one to hold for the term of two years, and one for the term 
of one year, and thereafter there shall be one trustee elected 
annually for the term of three years, and thereafter at each of 
such meetings, one trustee shall be elected as aforesaid, as suc¬ 
cessor to the outgoing members of the board. 

• • • -IT 

Sec. 22. Said directors shall qualify in the manner prescribed 
for directors elected upon tho formation of a new school district; 
and in case they refuse or neglect so to do, they shall be subject to 
the same penalty. 

Sec. 23. The board of directors may hold such regular, 
special, or adjourned meetings as they may from time to time 
determine. 

Sec. 24. The district board shall make all contracts, purchases, 
payments and sales, necessary to carry out every vote of the dis¬ 
trict, for procuring any site for a school house, renting, repairing, 
or furnishing the same, and disposing thereof, or for keeping a 
school therein, and performing such other duties as may be dele¬ 
gated to them b}^ the district meeting. 

Sec. 25. The district board shall have power to admit scholars 
from adjoining districts, and remove scholars for disorderly con¬ 
duct, and when scholars are admitted from other districts, the dis¬ 
trict board may, in their discretion, require a tuition fee from such 
scholars. 

Sec. 26. The district board shall require the treasurer to give 
bond to the district in such penalties, and with such securities, as 
in their opinion will secure the district against loss, conditioned 
for the faithful application of all moneys which may come into 
his hands by virtue of his office; said penalty may be increased 
from time to time, as the interest of the district may require. 
The bond shall be filed with the director of the board, and in case 
of a breach of the condition thereof, he shall bring suit thereon in 
the name of the district. 


20 


SCHOOL LAWS. 


Sec. 27. In each organized district, they shall act as judges ot 
all district elections. 

Sec. 28. They shall, from time to time, examine the books and 
accounts of the treasurer, and make settlement with him, and 
shall, at each regular meeting of the district, present to the same 
a full statement of the receipts and expenditures of the district, 
and such other matters as may be deemed important. 

Sec. 29. They shall appoint a committee from their own body 
to visit the respective schools of the district monthly, and to aid 
the teachers in establishing and enforcing rules for the govern¬ 
ment of schools, and see that the teachers keep a correct list of 
the pupils, the time which they attend school, the branches of 
learning which each is studying, and such other matters as may, 
in the opinion of the board, tend to promote the welfare of the 
school. 

Sec. 30. They shall audit and allow all just claims against the 
district, and the directors shall draw an order for all demands thus 
audited, on the district treasurer. 

Sec. 31. They shall, upon the written request of live legal 
voters of the district, or, whenever they deem it expedient, call 
special meetings thereof; but in all such cases, the notice of such 
meeting shall clearly state the precise object for which it is called, 
and the time and place at which it is to be held. 

Sec. 32. Should a vacancy occur in the board, they may fill the 
same by appointment, unless it is deemed expedient to call a 
special meeting of the district for that purpose. 

Sec. 33. The county superintendent and district board of 
directors, may determine whether a school of a higher grade 
shall be established in the district, the number of teachers to be 
employed, and the course of instruction to be pursued therein, 
until the meeting of the teachers’ institute, provided for in sec¬ 
tion five of this act, at which time the institute shall determine 
the studies to be pursued in all schools of like grade in the Terri¬ 
tory; and the superintendent of public instruction shall have the 
same power to carry into effect the determination of the institute, 
as is provided in other cases; and the board may erect, for the pur¬ 
pose, one or more permanent school houses, and shall cause such 
classification of the pupils as they may deem necessary; but in 
selecting the site for such school house, or school houses, the per¬ 
manent interest and future welfare of the people of the entire dis¬ 
trict shall be consulted. 

Sec. 34. Where there are fifteen or more colored children 
within any school district, the board of directors thereof, with the 
approval of county superintendent of schools, may provide a sep¬ 
arate school for the instruction of such colored children. 


SCHOOL LAWS. 


21 


Sec. 35. The district board shall employ all teachers necessary 
for the schools of the district, and pay them by draft on the treas¬ 
urer. 

Sec. 36. The district schools established under the provisions 
of this act, shall, at all times, be equally free and accessible to all 
children resident therein, over six and under the age of twenty- 
one years, subject to such regulations as the district board in each 
may prescribe. And it shall be the duty of all parents and guar¬ 
dians, or other persons having the control of children between 
the ages above mentioned, to send such children to some school, 
at least three months in each and every year, except in case of 
invalids, and others, to whom the school room would be injurious. 
In such cases, the district board shall, upon receipt of a physician’s 
certificate, excuse such children; and the district board may, in its 
discretion, excuse children from attendance when a compliance 
with this act would work great hardship. In all such cases the 
clerk of the board shall state the reason for excuse, and the name 
of the child or person excused, and the length of time for which 
excused, at large in the minutes of the proceedings of the board; 
Provided , That in all cases the applicant may appeal from the 
decision of the board to the county superintendent, whose decision 
shall be final. 

Sec. 37. Any parent or guardian, or other person, having 
children in their charge between the ages of seven (7) and sixteen 
(16) years, who shall neglect or refuse to comply with the provis¬ 
ions of this act, shall, on conviction, be punished by a fine not 
exceeding twenty-five dollars, for each and every offense. 

District Officers and, their Duties. 

Sec. 38. The director, when present, shall preside at all meet¬ 
ings of the board of the district, and countersign all orders on the 
treasury for the payment of money. 

Sec. 39. All drafts and orders drawn on the district treasurer, 
as required in the foregoing section, shall specify the fund on which 
they are drawn, and the use for which the money is designed, 
and shall be signed by the district clerk. 

Sec. 40. The director shall appear in behalf of his district, in 
all suits brought by or against the same; but when he is individ¬ 
ually a party, this duty shall be performed by the clerk. 

Sec. 41. The clerk shall record all the proceedings of the 
board, and of the district meetings, in separate books to be kept 
for that purpose ; he shall preserve copies of all reports made to 
the county superintendent; shall file all papers transmitted to him 
by other school officers, pertaining to the business of the district ; 
and shall sign all drafts, warrants and orders drawn by him. 


22 


SCHOOL LAWS. 

Sec. 42. He shall keep an accurate account of all the expenses 
incurred by the district, arid shall present the same to the district 
hoard, to be audited and paid as herein provided, out of the 
school fund. 

Sec. 43. He shall give ten days’ previous notice of all regular 
and special meetings of the district, as herein authorized, by post¬ 
ing up a written notice in three different places therein ; and shall 
furnish a copy of the same to the teachers of each school in the 
district, to be read once in the presence of the pupils thereof. 

Sec. 44. The district clerk shall, on the ffrst Monday of Sep¬ 
tember in each year, submit a report to the county superintendent, 
for the year past, then ending : 

First, Of the number of schools taught in such district, the 
number of days each scholar attended the same, and the aggregate 
number of days of attendance of said schools respectively, as cer¬ 
tified by the teachers of the several schools of such district; 

%j 7 

Second , The number of schools, and the branches taught in 
each; 

.Third, The number of pupils in each school, and of each sex; 

Fourth, The number of teachers employed in each school, and 
the average compensation of each per month; 

Fifth, The number of days the school has been taught, and by 
whom; 

Sixth, The average cost of tuition for a pupil, per month, in 
each school ; 

Seventh, Books used in each school ; 

Eiqhth, The number of volumes in the library of each school; 

Ninth, The aggregate amount paid teachers during the year, the 
source from which the same was received, and the amount of the 
teachers’ fund in the hands of the treasurer; 

Tenth, The number of district school houses, and the cost of 
each; 

_ Eleventh, The amount raised in the district by tax for the erec¬ 
tion of school houses, and for other purposes, authorized in this 
act, and such other information as he may deem useful. 

. Sec. 45. Should the clerk fail to file his reports, as above 
directed, he shall forfeit the sum of twenty-five dollars, and shall 
be liable to make good all loss resulting to the district from such 
failure, suit to be brought in both cases by the director, in the 
name of the district, on his official bond. 

Sec. 46. The treasurer shall have the custody of all moneys 
belonging to the district, and shall pay out the same upon the 
order of the clerk, countersigned by the director; and shall keep 


SCHOOL LAWS. 23 

an account of the receipts and expenditures thereof, in a book 
provided for that purpose. 

Sec. 47. The moneys tor the payment of teachers shall be 
called the u teachers’ fund,” and the treasurer shall keep distinct 
and separate accounts with them ; and no warrant for money shall 
be paid by the treasurer which does not specify the fund on which 
it is drawn, and the specific use to which it is to be applied. 

Sec. 48. The school house fund shall consist only of taxes col¬ 
lected in the district; and all other school moneys belonging to 
the district shall go to the teachers’ fund, and shall be applied 
to no other use except to pay the wages of school teachers in the 
district. 

Sec. 49. The treasurer shall apply for, and receive all money 
apportioned to the district, by the county superintendent, w r hen 
notified of said apportionment. 

. Sec. 50. lie shall render a statement of the finances of the 
district, as shown by the records of his office, at any time when 
required by the district board. 

School Tax. 

Sec. 51. The county commissioners shall, at the time of levy¬ 
ing tax for county purposes, cause to be levied a tax for the sup¬ 
port of schools within the county, of two mills on the dollar, of 
the assessed value of all taxable property, real and personal, within 
the county, vvnich shall be collected by the county collector, at 
the same time, and in the same manner as Territorial and county 
taxes are collected, with the exception that it shall be receivable 
in cash or warrants of the school. The county treasurer shall, at 
all times hold, subject to the draft of the proper officers, all moneys 
belonging to teachers’ or school house fund. 

Collection of Taxes. 

Sec. 52. Whenever a sum of money has been voted by a dis¬ 
trict, the clerk shall, under the supervision of the director, make 
out and certify, over his official signature, the amount of money 
voted in his district, and on or before the first Monday of June, in 
each year, cause the same to be filed in the office of the clerk of 
the board of county commissioners. The clerk shall also, at the 
same time, notify the county assessor, in writing, of the action of 
the district meeting. The county assessor shall, at the time of 
making the county assessment, also assess the property of each 
district from which he has received notification as aforesaid, and 
return to the county clerk, at the time of returning the county 
assessment roll, a separate roll of each district by him assessed, 
for which services he shall receive five dollars per day for the time 


24 


SCHOOL LAWS. 

actually employed in making such assessment, which sum shall he 
paid out of the treasury ot each district so assessed. 

Sec. 53. It shall be the duty of the hoard of county commis¬ 
sioners to see that the amount of money so voted, be extended by 
the clerk against the property of the district, in making out the 
annual tax list, arid that sufficient tax be levied upon the prop¬ 
erty of such district, returned by the county assessor, to make 
said sum. 

Sec. 54. The taxes and assessments ot all school districts for 
all purposes, except as otherwise specially provided by law, shall 
be collected like county taxes, and all delinquent taxes shall be 
returned by the collector in the same manner as other delinquent 
taxes are required by law to be returned. 

Sec. 55. The amount of tax collected by the county collector 
shall be paid over to the county treasurer like other taxes, and 
shall be held by said county treasurer subject to the draft of the 
county superintendent, and shall be paid over accordingly; Pro¬ 
vided, That the money collected on the district tax rolls shall be 
paid by the collector directly to the treasurer of the proper dis¬ 
trict, and take his receipt therefor. 

Miscellaneous Provisions. 

Sec. 56. It shall be the duty of the teacher of every district 
school, or graded school, to make out and tile with the district 
clerk, at the expiration of each term of the school, a full report 
of the whole number of scholars admitted to the school during 
such term, distinguishing between male and female, the names 
of such scholars, the number of days each scholar attended the 
same, the aggregate number of days’ attendance of said schools, 
the text books used, the branches taught and the number of pupils 
engaged in the study of each of said branches. Any teacher who 
shah neglect or refuse to comply with the requirements of this 
section shall forfeit his or her wages for teaching such school, at 
the discretion of the district board. 

Sec. 57. Every school district clerk, or treasurer, who shall 
neglect or refuse to deliver to their successors in office, all records 
and books, belonging severally to their offices, shall be subject to 
a tine not exceeding five hundred dollars. 

Sec. 58. In all cases where suits may be instituted by, or 
against, any of the school officers contemplated or created by this 
title, to enforce any of the provisions herein contained, counsel 
may be employed, if necessary, by the officer instituting the suit, 
and the expense of the suit shall be borne by the district, county 
or Territory in whose name, or against whom, the same may be 
instituted. 


SCHOOL LAWS. 


25 


Sec. 59. All fines, penalties and forfeitures provided by this 
act, may be recovered by action in the name of the people of the 
Territory of Wyoming, for the use of the proper school district or 
county, and when they accrue, belong to the respective districts or 
counties in which the same may have accrued; and the district 
treasurer for their districts, and the county commissioners of their 
counties, are hereby authorized to receive and apply the proceeds 
of such forfeitures as the interest of the permanent fund is now, 
or may hereafter be, applied. 

Sec. 60. Any officer, or person collecting or receiving any 
tines, forfeitures or other moneys, and refusing and failing to pay 
over the same, as required by law, shall forfeit double the amount 
so withheld, and interest thereon at the rate of five per cent, per 
month, during the time of so withholding the same. 

Sec. 61. Every county superintendent shall be paid a salary of 
two hundred dollars, payable quarter yearly out of the county 
treasury, in addition to allowance for expense in purchasing books, 
stationery, &c., necessary to said office ; traveling expenses incurred 
in the discharge of his official duties, an account of which expense 
shall be made out by him quarterly, and signed and sworn to, and 
laid before the county commissioners at their meetings, who, after 
examining the same, if fonnd correct, shall issue on the county 
treasury, warrants for the amount due. 

Sec. 62. In the employment of teachers, no discrimination 
shall be made in the question of pay on account of sex, when the 
persens are equally qualified. 

Sec. 63. That £in act entitled “ an act providing for the organ¬ 
ization of school districts, schools, and for other purposes,” being 
chapter seven of the laws of Wyoming, 1869, approved December 
10, 1869, also an act to amend an act entitled “ an act providing 
for the organization of school districts, schools, and for other pur¬ 
poses,” which became a law December 14, 1871, be, and. the same 
are hereby repealed. 

Sec. 64. This act shall take effect and be in force from and 
after its passage. 

Approved, December 12, 1873. 


[Note.— Sections 5, 0, 7, 13,21, 36, 44, and 61, were amended to read as above, by act 
approved December 11th, 187o.—C ompilers.] 



26 


ASSESSMENT, ETC. 


Assessment, Etc, 


An Act to provide a Territorial and County Revenue. 

Be it enacted by the Council and House of Representatives of the Terri¬ 
tory of Wyoming : 

Section 1. There shall be levied and assessed upon the taxable 
real and personal property within this Territory in each year, the 
folio win o’ taxes : 

O 

First , For Territorial revenue, two mills on the dollar, when no 
rate is directed by the Territorial board of equalization in time for 
the purposes of this act as hereinafter provided; but in no case 
shall the tax for Territorial purposes exceed three mills on the 
dollar; 

Second , For county revenue, for ordinary county expenses, not 
more than five mills on the dollar; 

Third , For county revenue, for support of the poor and lunatic 
purposes, not more than two mills on the dollar; 

Fourth , For repairing and constructing roads and bridges under 
direction of the county comissioners, not more than two mills on 
the dollar; 

Fifth , The county commissioners of each county shall levy a tax 
sufficient to defray the expenses of the district courts for their 
respective counties during each year: 

Sixth , And, in addition to the above, they shall levy a poll tax 
of two dollars for county school purposes, and they may also levy 
a tax for the support of common schools, not to exceed two mills 
on the dollar; Provided , That the aggregate tax for Territorial 
and county purposes shall, in no case, exceed fiifteen mills on the 
dollar per annum. 

Sec. 2. The following described property is hereby exempt 
from taxation : 

First, The projferty of the United States and of this Territory, 
the property of any county, townships, incorporated towns, and 
school districts, when devoted entirely to public use, public 
grounds, by whomsoever donated to the public, including all 
places for the burial of the dead ; 




ASSESSMENT, ETC. 27 

Second , F ire engines, and all implements used for extinguishing 
tires, with the grounds used exclusively for the buildings of a tire 
company or companies; 

Third, All grounds and buildings of literary or scientific institu¬ 
tions incorporated under the laws of this Territory. Also the 
grounds and buildings of benevolent, agricultural and religious 
institutions or societies, devoted solely to the appropriate objects 
of these institutions, not exceedtng three acres in extent, and not 
leased or otherwise used with a view to pecuniary profit; 

Fourth , The books, papers, furniture and apparatus belonging 
to the above institutions, and used solely for the purposes above 
contemplated, and the like property of students in any such insti¬ 
tutions, used for their education. Moneys and credits belonging 
exclusively to said institutions, and devoted solely to sustaining 
them, but not exceeding in amount or income the sum prescribed 
in their charter; 

Fifth , Household and kitchen furniture, beds and bedding, 
wearing apparel of every person, wool, flax and tow, intended to 
be manufactured, and the food provided for each family, not to 
exceed in all, the value of one hundred dollars; 

Sixth , The polls of all persons who have arrived at the age of* 
fifty years. 

Sec. 3. All other property, real and personal, within this Ter¬ 
ritory, is subject to taxation in the manner herein directed, and 
this section is intended to embrace lands and lots in towns includ¬ 
ing lands bought-from the United States, whether bought on a 
credit or otherwise; buildings or improvements erected upon 
lands, the title of which still remains in the United States, or in 
any incorporated company. Ferries, franchises and toll bridges, 
all of which, for the purposes of this act, shall be considered real 
property. Horses and neat cattle, mules and asses, sheep, swine, 
goats, and all dogs, and other animals, money in bank bills, coin 
or gold dust, whether in possession or on deposit, property, money 
or labor, due from solvent debtors on contract, or on judgment, 
and whether within this Territory or not; mortgages and other 
like securities, stock or shares in any bank or company, incor¬ 
porated or otherwise, and whether incorporated by this or any 
other Territory or State, and whether situated in this Territory or 
not; public stocks or loans, household furniture not otherwise 
exempt, including gold and silver plate, musical instruments, 
watches and jewelry, pleasure carriages, stages, hacks, omnibusses 
and other vehicles for transporting passengers, wagons, carts, 
drays, sleds, and every other description of vehicle or carriage, all 
real and personal property within this Territory, of every kind 
and description not heretofore enumerated, belonging to or claimed 
by any incorporated company, whether incorporated in this Terri- 


28 ASSESSMENT, ETC. 

tory or not, annuities—but not including pensions from the United 
States, or any State, nor salaries, nor payment expected for services 
to be rendered,—and all other property not above exempted, 
although not herein specified. 

Sec." 4. The term “ credits,” as used in this act, includes every 
claim and demand for money, labor or other valuable things; and 
every annuity or sum of money receivable at stated periods, and 
all money in property of any kind, and secured by deed, mortgage 
or otherwise; but pensions from the United States, or any State, 
and salaries or payments expected for services to be rendered, are 
not included in the above term. 

Sec. 5. Every inhabitant of this Territory, of full age and 
sound mind, shall list or assist the assessor in listing all property 
subject to taxation in this Territory, of which he is hereinafter 
directed. The property of a ward is to be listed by the person 
having the property in charge ; if a majried woman, by herself 
or husband; if a beneficiary for whom property is held in trust, 
by the trustee, and the personal property of a decedent, by the 
executor; of a body corporate, company, society or partnership, 
whether incorporated or formed in this Territory, or not, by its 
principal accounting officer, local agent or partner in the county 
where the property is located ; property under mortgage or lease, 
is to be listed by, and taxed to, the mortgagor or lessor, unless it 
be listed by the mortgagee or lessee ; Prodded , That in all cases 
where a railroad is located, and is being or has been constructed 
in, or through, any county of this Territory, either the president, 
secretary, general superintendent, division superintendent, general 
or local agent of any kind, of the corporation, company or associ¬ 
ations of persons owning or using the same within the county, 
shall, on demand made by the county assessor of any county of 
this Territory, in or through which said road is being, or has been, 
or may hereafter be, constructed, be compelled to furnish such 
assessor with a statement in writing, under oath or affirmation, 
duly subscribed and sworn to, before some officer authorized by 
law to administer oaths, setting forth the length of said road in 
such county, and the value thereof, with a list of the property real 
and personal pertaining thereto, also the whole length of said road 
within this Territory, and the number of, and value of, all locomo¬ 
tives and cars, commonly known as “rolling stock,” used on said 
road within this Territory, an apportionment of value of such 
rolling stock shall be listed and assessed to such county, the same 
to be estimated according to the proportion which the portion in 
said county bears to the length of said railroad withtn this Terri¬ 
tory. The assessor receiving such statement may avail himself 
of other evidence under oath, and is hereby authorized, for such 
purposes, to administer oaths relating to the matter of such assess¬ 
ment; Provided , Reasonable notice of the time and place of tak- 


20 


ASSESSMENT, ETC. 

ing such evidence shall he served upon the person making such 
statement, or on some officer or agent of any kind, of the corpo¬ 
ration or company, or upon the owners of said railroad. 

Sec. 6 . The demand and notice, mentioned in the preceding 
section, and elsewhere in this act, may he made by personal service 
on any of the officers, agents or other persons specified in said 
section, or by depositing in the post office such written demand or 
notice, properly inclosed in a letter, postage prepaid, and duly 
directed to such corporation, company or association of persons 

at the place of the principal office, or at any place of business 
of such railroad company, or at any place where the owners 
of such road may be engaged in business, and the word u rail¬ 
road ” and “road,” when applied to railroads in this act, shall 
be held to include, in addition to the track of said railroad, the 
land owned [covered] by the right of way of such railroad, and 
all improvements of any kind, of said corporation, company or 
owners, thereon, and all personal property owned and used there¬ 
with. 

Sec. 7. If any corporation, company, or persons owning such 
railroad, or officers or agents thereof, shall neglect or refuse to 
furnish a statement as heretofore required in this act, after having 
had either personal or written notice as specified in section five, 
the county assessor may proceed to make such assessment in the 
most available manner, and if any person, upon whom such 
demand is made, neglects or refuses to furnish such statement as 
required, he shall be subject to the penalty provided by this act 
for like cases. 

Sec. 8. In all cases where service of demand or notice required 
by this act is made by letter, as heretofore specified, reasonable 
time shall be deemed to be double the length of time required for 
the usual transmission of letters by the United States mail from 
the place where the letter is deposited to the place where it is 
directed, and five days additional. 

Sec. 9. All land or lands that may have been, or that shall 
hereafter be, acquired by any person, company or corporation, by 
reason, or as a result, or condition, of any treaty, grant or sub¬ 
sidy, whereby full and complete title and control to such land or 
lands shall have been obtained and possessed by such person, cor¬ 
poration or company, shall be subject to taxation as real property 
under the laws of this Territory. 

Sec. 10. Commission merchants, and all persons trading and 
dealing on commission, and consignees authorized to sell, when 
the owner of the goods does not reside in the county, are, for the 
purposes of taxation, to be deemed the owners of the property in 
their possession, and shall list the average monthly amount of 
capital in trade since the last assessment. 


30 


ASSESSMENT, ETC. 

Sec. 11. All personal property is to be listed, assessed and 
taxed, in the county where the owner resides during the time 
appointed for the assessment and collection of taxes each year, 
but if the owner resides out of the Territory, it is to be listed and 
taxed where it may then be, except as otherwise provided by this 
act, and if the agent or person having charge of such property 
neglect or refuse to list it, he shall be subject to the penalties here¬ 
inafter prescribed. 

Sec. 12. Any person authorized as agent or attorney, or 
required in any way to list property for another, shall list it in the 
same county in which he would be required to, if it were his own, 
except as otherwise directed by law, but he shall list it separately 
from his own, naming the person or estate to whom it belongs, 
but the undivided property of a person deceased, may be listed as 
belonging to heirs, without enumerating them. 

Sec. 13. When a person is doing business in more than one 
county, the property, and credits, existing in any one of the 
counties, shall be listed and taxed in that county, and the credits- 
not existing in, or pertaining especially to the business in, any one 
county, shall be listed and taxed in that where the principal place 
of business may be. Any individual of a partnership, is liable 
for the taxes due from the firm. 

Sec. 14. The property of corporations or companies, whether 
incorporated or formed in this Territory or not, constructing or 
owning canals, ditches, flumes, railways, telegraph lines, plank 
roads, graded roads, turnpike or toll-roads, bridges, ferries, and 
similar improvements, shall be assessed to the company or corpo¬ 
ration, and may be ascertained by the assessor as provided for in 
this act in the case of railroads, or in the best manner within the 
power of such assessor. 

Sec. 15. Insurance companies of every description, transact¬ 
ing business in this Territory, either by agents or other officers or 
persons, whether such company be incorporated or organized in 
this Territory or not, shall be assessed and taxed for Territorial 
and county purposes in the same amount and at the same rate that 
all other property is taxed, upon the amount of the premiums 
taken by them during the year previous to the listing, in the 
county where the agent conducts that business, and the agent 
shall render the list, and shall be personally liable for the tax, and 
if he refuses to render the list, or to swear as herein required, the 
amount may be ascertained and assessed as provided in this act, 
in the case of railroads and other corporations. 

Sec. 16. Shares of stock, in all national banks, held by any 
person or persons in this Territory, shall be assessed at their par 
value, and the owner or owners thereof, shall be required to pay 
tax thereon, the same as though they were shares in banks char¬ 
tered and incorporated by the laws of this Territory, or by the 


ASSESSMENT, ETC. 31 

laws of any other State or Territory; Provided , No discrimination 
shall be made between any national bank, or branch of any 
national bank or [and] any. other bank doing a bank business in 
this Territory. 

Sec. IT. All taxable property is to be listed and valued each 
year, and real property is to be assessed at its true value in money 
at private sale, having regard to its quality, locality, natural advan¬ 
tages, the general improvements in the vicinity, and all other ele¬ 
ments of its value. 

Sec. 18. Bank notes, and the stocks of corporations and com¬ 
panies, shall be assessed at their cash value, credits shall be listed 
at such sum as the person listing them believes will be received 
or can be collected, and annuities, at the value which the person 
listing believes them to be worth in money. 

Sec. 19. In making up the amount of money and credits 
which airy person is required to list, he will be entitled to deduct 
from the gross amount, the amount of all bona fide debts owing by 
him, but no acknowledgments of indebtedness, not founded on 
actual consideration, and no such acknowledgments made for the 
purpose of being so deducted, shall be considered a debt within 
the intent of this section, and so much only of any liability of 
any persons as security for another shall be deducted as the person 
making the list believes he is legally or equitably bound to pay, 
and so much only as he believes he will be compelled to pay, on 
account of the inability of the principal debtor, arid if there are 
other sureties able to contribute, then so much only as he, in 
whose behalf the list is made, will be bound to contribute, but no 
person will be entitled to a deduction on account of an obligation 
of any kind given to an insurance company for the preminm of 
insurance, nor on account of an unpaid subscription to any insti¬ 
tution or society, nor on account of a subscription to, or instal¬ 
ment payable on, the capital stock of any company or corporation. 

Sec. 20. Any person owning or having in his possession or 
control, within this Territory, with authority to sell the same, any 
personal property purchased either in or out of this Territory, 
with a view of being sold at an advanced price or profit, or which 
has been consigned to him from any place out of this Territory, 
for the purpose of being sold within the same, shall be held to be 
a merchant, for the purposes of this act; such property shall be 
listed for taxation, and in estimating the value thereof, the mer¬ 
chant shall take the average value of such property in his posses¬ 
sion, or control, during the year next previous to the time of 
listing; and if he has not been engaged in that business so long, 
then he shall take the average during such time as he may have 
been so engaged; and if he be commencing, he shall take the 
value of the property at the time of listing. 


6 <) 


ASSESSMENT, ETC. 


Sec. 21. Any person who purchases, receives or holds personal 
property of any description, for the purpose ot adding to the 
walue thereof, by any process of manufacturing, refining, purify¬ 
ing, or by the combination of different materials, with a view of 
making gain or profit by so doing, and by selling the same, shall 
be held to be a manufacturer for the purposes of this act, and he 
•shall list for taxation, the, average value of such property in his 
hands, estimated as directed in the preceding section, but the 
value shall be estimated upon the materials, only, entering into 
the combination or manufacture. 

Sec. 22. On the first Monday in May in each year, the board 
of county commissioners shall furnish each assessor with suitable 
books in duplicate, properly ruled and headed, in which to enter 
the following items : 

First, The name of the individual, corporation, company, society, 
partnership or firm, to whom any property shall be taxable ; 

Second , His or their lands by township, range, section or part 
of a section, and where such part is not a legal division or sub¬ 
division, some other description sufficient to identify it, and 
his or their town lots or parts of lots, naming the town in which 
they are situated, and their proper description by number and 
block, or otherwise, according to the system of numbering in the 
town; 

Third , His or their personal property by the following particu¬ 
lars : Amount of capital employed in manufactures; amount of 
capital employed in merchandise; number and value of horses; 
number and value of mules and asses ; number and value of neat 
cattle; number and value of sheep and goats; number and value 
of swine; number and value of carriages and vehicles of every 
description; amount of money and credits; amount of all per¬ 
sonal or other property not herein enumerated; other property 
not herein enumerated belonging to any corporation or company, 
whether incorporated in this Territory or not; amount of clocks, 
watches, jewelry, gold and silver plate; number and value of 
musical instruments; amount of taxable household furniture ; 
amount of farming utensils and mechanics’ tools; amount in stock 
or shares in any corporation or company; amount of all other 
property not enumerated ; the number of polls, and a column for 
remarks, and shall also provide the assessor with all necessary 
books and blanks required to carry out the provisions of this act. 

Sec. 23. Each assessor shall enter upon the discharge of the 
duties of his office, as soon as furnished with the assessment roll 
by the county commissioners, as hereinbefore provided, and shall, 
with the assistance ot each person required by law to list property 
for himself or for another, enter in the books furnished him for 
that purpose, all kinds of property specified in the preceding sec¬ 
tion, or that may be subject to taxation; entering the names of 


ASSESSEENT, ETC. 33 

the persons assessed in alphabetical order, so far as practicable, 
by allotting to each letter its requisite number of pages in each of 
said books. He shall also enter in a separate column the number 
of adult persons, male and female, and the number of children, 
male and female, under the age of twenty-one years, in his county, 
and each assessor shall, on or before the first*Monday in July 111 
each year, return the assessment book, properly footed up, to" the 
clerk of the board of county commissioners. 

Sec. 24. It shall be the duty of the assessor to list each and 
every person in his county, and to assess all the property, real and 
personal, therein, as required in this act; and any person who 
shall refuse to assist in making out a list of his property, or of 
•any property of which he is required by law to assist in listing, 
or refuse to make the oath or affirmation required by this act, 
shall forfeit the sum of two hundred dollars, to be recovered in 
the name of the county, by an action brought in the district court 
for such county, by the board of county commissioners; and when 
any person refuses to make out a list of his property, which, by 
law, he is required to do, the assessor shall assess such person 
according to the best information he can get as to the amount of 
such taxable property which such person has. 

Sec. 25. The assessor is hereby required to administer the 
following oath or affirmation to each person assessed: “ You do 
solemnly swear that you have given in a full and correct inven¬ 
tory of all taxable property owned by ^ou, and‘all property held 
by you as agent, guardian or otherwise, which you are required 
by law to list, to the best of your knowledge and belief, so help 
you God.” And in case any one refuses to take said oath, the 
assessor shall note the fact in the column of remarks opposite to 
such person’s name; and should it afterwards appear that such 
person has not given in a full list of his property, or that under 
his control, any property so omitted, shall be entered on the book 
at double the ordinary assessed value of like property, and shall 
be taxed accordingly. 

Sec. 26. Each assessor shall take and subscribe an oath, to be 
certified by the officer administering it, and attached to the assess¬ 
ment roll, which oath shall be in substance as follows : “I, A- 

B-, of - county, solemnly swear that the value of all 

property, money and credits, of which a statement has been made 
and verified by the oath of the person required to list the same, 
[is] truly returned as set forth in such statement. That in every 
case where I have been required to ascertain the amount or value 
of the property of any person, corporation or company, I have 
diligently and by the best means in my power, endeavored to 
ascertain the true amount and value, and that, as 1 verily believe, 
the full value thereof is set forth in the annexed return ; and that 
in no case have I, knowingly, omitted to demand of any person of 





34 ASSESSMENT, ETC. 

wliom I was required to make it, a statement of the amount and 
value of his property, which he was required by law to list, nor 
in any way connived at any violation or evasion of any of the 
requirements of the law, in relation to the assessment of property 
for taxation.” 

Sec. 27. That the asssessor of each county shall receive for his 
services eight dollars per day for the time actually employed, and 
actual cost for transportation over railroads or stage lines, said 
claims to be audited by the county commissioners. If any assessor 
shall fail or neglect to perform any of the duties required of him 
by this act at the time and in the manner herein specified, he 
shall he liable to a fine of not less than twenty dollars, nor more 
than five hundred dollars, to be recovered in an action brought in 
the district court by the board of county commissioners. The 
judgment shall be against him and his sureties on his official 
bond. 

Sec. 28. The board of county commissioners of each county, 
shall constitute a board for the equalization of the assessment of 
the several persons in the county, substantially in the same manner 
as is required by the Territorial board of equalization, to equalize 
amonof the several counties of the Territory, as near as rnav be, 
and they shall hold a special meeting at the office of the county 
clerk, at the county seat, within five days after return of the 
assessment roll in each year, and shall have the right to adjourn 
such meeting from day to day for not more than ten days, and at 
such meeting they shall add to said assessment any taxable prop¬ 
erty in the county not included in the assessment as returned by 
the assessor, and shall assess the value thereof, and shall hear anil 
determine the complaint of all persons feeling aggrieved by the 
assessment of their property as returned by the assessor, and, for 
the purpose of equalizing the assessment roll, may increase, dimin¬ 
ish, or otherwise alter and correct, any assessment; Provided , It 
shall be the duty of the clerk of the board of county commis¬ 
sioners of each county, to give notice to each person, company, or 
corporation whose assessment has been raised by the board of 
equalization, stating the amount of such “ raise,” or increase of 
assessment, or the agent or agents, or any one of them, or the 
attorney of any person, company or corporation, affected by such 
“ raise,” or increase of assessment, as aforesaid. Such notice may 
be given by personal service or by statement, either written or 
printed, postage pre-paid, and properly addressed to such person, 
company or corporatian, or to the agent or agents, or attorney, or 
any one of them, either of whom may appear before the board of 
county commissioners, at their next regular meeting, and, upon 
evidence satisfactory to the board of county commissioners, that 
the assessment or any part thereof is unjust, or more than the 
actual cash value ol such property so assessed, the board of county 


ASSESSMENT, ETC. 


3> 


commissioners shall abate such tax in proportion to such unjust 
erroneous assessment; Provided , It is evident to the board of 
county commissioners that no part of such claimant’s taxable 
property has been omitted or undervalued in the original assess¬ 
ment, or by the board ot equalization, tor the year or years for 
which such claim or claims are made. 

Sec. 29. Any person who may feel aggrieved at anything in the 
assessment of his property, may appear before the board of equal¬ 
ization, either in person or by agent, within the time mentioned in 
the preceding section, and have the same corrected in such manner 
as to said board shall seem just and equitable, and it shall be the 
duty ot the assessor of each county, when assessing, to give each 
person assessed a printed notice of the time and place when and 
where said board of equalization is to meet, as heretofore specified. 

Sec. 30. Immediately after the assessment roll is corrected by 
the board of equalization, the county clerk is required to make 
out an abstract thereof containing the whole number of acres of 
land listed in the county, and the aggregate value of the same; 
the total valuation of the town-lots, the whole number of horses 
and their total value; the whole number of mules and asses and 
their total value; the whole number of neat cattle and their total 
value; the whole number of sheep and their total value; the 
whole number of swine and their total value; the whole number 
of goats and their total value; the whole number of musical 
instruments and their total value; the whole number and value 
of clocks, watches, jewelry, gold and silverplate; the total amount 
of capital employed in merchandise; the total amount of capital 
employed in manufactures; the total amount of taxable household 
furniture; the total amount of taxable farming utensils, and 
mechanic’s tools; total value of stock and shares in any corpora¬ 
tions or companies; total number and value of carriages and 
vehicles of every description; total amount of all personal or 
other property, herein enumerated, belonging to corporations or 
companies; the gross amount of all other property returned not 
herein enumerated ; the total amount of money and credits and 
the total amount of premiums of any and all insurance companies; 
a copy of which abstract, the clerk is directed to transmit forth¬ 
with to the auditor of the Territory; but the "board of county 
commissioners are authorized to diminish or add to the above list, 
and to require such different, or further matters, to be returned 
as it deems advisable. 


Sec. 31. The governor, treasurer and auditor of the Territory, 
or a majority of them, shall constitute a board of equalization of 
taxes for the Territory. They shall hold a session at the office of 
the governor, at the capital of the Territory, on the fourth Mon¬ 
day of July in each year, and it shall be the duty of said board 



t 


to examine the various assessments as far as regards the Terri¬ 
torial tax, and shall equalize the valuation of real property among 
the several counties and towns in the Territory in the following 
manner: 


First , They shall add to the aggregate valuation of real prop¬ 
erty in each county, which they shall believe to be valued below 
its proper valuation, such per centum in each case, as will raise 
the same to its proper valuation; 

Second., They shall deduct from the aggregate valuation of real 
property of each county, which they shall believe to be valued 
above its proper valuation, such per centum in each case as will 
reduce the same to its proper valuation. 

Sec. 32. Said auditor shall keep a full record of the proceed¬ 
ings of said meetings; immediately after the adjournment of 
which, he shall transmit to the countv clerk of each county, a 
statement of the per centum to be added to, or deducted from the 
valuation of real property in his county, and shall, on or before 
the second Monday of August in each year, notify each county 
clerk of the rate of Territorial tax that has been determined upon 
by said governor, treasurer and auditor, to be levied and collected 
in each county, which shall not exceed three mills on the dollar of 
valuation, and when the Territorial board of equalization tixes no 
different rate, or if, for any reason, the board shall fail to sit, or 
the county clerk should fail to receive the statement of the rate 
of tax ordered by them, by the second Monday of August in each 
year, then the rate first mentioned in this act shall be deemed to 
be levied for Territorial purposes, and the clerk of each county, 
in making up the tax list required by section thirty of this act, 
shall compute and carry out in the proper column, a Territorial 
tax, at the rate aforesaid. Any clerk failing to perform any duty 
enjoined upon him by this act, may be fined in any sum not less 
than five hundred dollars, nor more than three thousand dollars, 
to be recovered against him and his sureties by an action of debt 
in the name of the people of the Territory of Wyoming, and 
shall also be liable on his official bond to any person who may 
have suffered damage thereby. 


Sec. 33. Omthe fourth Monday in August in each year, the 
board of county commissioners shall, by an order to be entered 
of record among the proceedings, levy the requisite taxes for 
the year, and the same may be levied at any time prior to the 
fourth Monday in August, if the statement and notice required bi¬ 
section thirty-two of this act has been received from the auditor. 
Immediately after the taxes are levied, the county clerk shall 
make out a tax list in tabular form and in alphabetical order, hav¬ 
ing distinct columns for lands, and for town lots, and their value, 
and for the\alue ot personal and other property, and for carrying 


37 


ASSESSMENT, ETC. 

out, in a column by itself, the amount of each different tax, and 
having one or more columns for delinquent taxes. Such list may 
be in the following form : 

o 


<v 

£ 

C3 

fc 

to 

© 


e 

o 


© 

o 

j: 


l Prs’ty. 
In. e. 1 4 

W.H 

N. e.U 


© 

fccl 


K 


d o 
6 4 


I 

o 

i H 


© 


1601 

sol 


©. I 

c « 

© w 


a © 
*> 

: J—t 


o 

© 


100 


^5 

© 

G. 

o 

u 

PP 

s* 

© 


r* 

5 

7c 

c 

OQ 

In 

© 


100 


o 


© 

H 


50 

150 

50 

50 

100 


X 

03 

H 


o 

u 


500 

1500 

500 

500 

1000 


■ji 

© 


cS 

o 

o 

(h 


200 

600 


200 

400 


50 

© 

fcc 


PQ 

73 


O 

rA 


©a 

S- 

5 

o 

o 

-u 

© 


—' 

cc 

• r-H 

P 


200 400 
600 1200 


X 

ci 

H 

<—H 

G 

O 

r* 

© 

CC 


100 

500 


200 200 400' 100 


200 

.400 


400 100 
800 200 


•© 


5C 

jsj 

c3 

n 

c 

© 

Ph 


Sec. 34. An entry is required to be made upon the tax list, by 
the county clerk, in the form of a certificate, under seal, showing 
what it is, and for what county and year it is, and he shall also 
attach to this list his warrant, under his hand and official seal, in 
general terms requiring the collector to collect the taxes therein 
levied, according to law ; and no informality in the above require¬ 
ments shall render any proceeding for the collection of taxes 
illegal. The clerk is required to deliver the list, or cause the same 
to be delivered, to the collector of the county by the first Monday 
of September in each year, and the collector’s receipt shall he 
taken therefor, and such list shall be full and sufficient authority 
for the collector to collect all taxes therein contained. 

Sec. 35 . The collector, on receiving the tax list and warrant, 
shall proceed immediately to collect the taxes therein levied, and 
the list and warrant thereto attached shall be his authority and 
justification against any illegality in the proceedings, prior to 
receiving the list. lie shall be required to call upon, and demand 
from, each taxpayer named in the list the amount of his, her or 
their tax, as therein specified, before the first Monday of October, 
following his receipt of said list, and he is also authorized and 
required to collect, as far as practicable, the taxes remaining 
unpaid on the list of former years; the collecter shall receipt to 
each person or corporation for the amount of tax received by him 
from them, specifying therein each kind of tax, and when the 
same was paid, and shall make the proper entries ot such payment 
on the tax list. 





















































































































38 


ASSESSMENT, ETC. 

Sec. 36. Territorial warrants are receivable for the full amount 
of taxes payable into the Territorial treasury; money, only, is 
receivable at the county treasury of the proper county for poll tax 
and school tax; all other county taxes may he paid in county 
warrants. When a Territorial or county warrant, of any kind, is 
received by the collector for taxes, he is directed to indorse on it 
the name of the person from whom he received it, the amount for 
which it was received, and the date thereof, and from that date the 
warrant is to be regarded as canceled, and cannot be re-issued, but 
when the count) warrant amounts to more than is to be paid by the 
person presenting it for taxes, the collector will give him a certifi¬ 
cate of the balance due him, which shall entitle him to another 
warrant on the same fund as the original warrant, on presentation 
of said certificate to the board of county commissioners. 

Sec. 37. If, on the assessment roll, or on the tax list, there be 
any error in the name of a person taxed, the name may be changed, 
and the tax collected from the person intended, if he be taxable, 
and can be identified by the collector or assessor; and when the 
collector, after the tax list is committed to him, ascertains that any 
land or other property is omitted, he will report the fact to the 
assessor, who, upon being satisfied thereof, will enter it upon his 
assessment roll, and assess the value, and the collector will enter 
it upon the tax list, and collect the tax as in other cases. 

Sec. 38. It shall be the duty of every person subject to taxa¬ 
tion, at some time before the time mentioned in section thirty-five 
of this act, to pay his, or her, or their taxes, and if any one neglect 
or refuse to pay them before said first Monday in October follow¬ 
ing the levy of the tax, the collector is directed, and shall make 
the same by distress and sale of his, her, or their personal property, 
excepting such .as is exempt from taxation, and the tax list alone 
shall be a sufficient warrant for such distress. 

Sec. 39. YV hen the collector distrains goods, he may keep 
them at the expense of the owner, and shall give notice of the 
time and place of their sale, within five days after the taking, in 
the manner constables usually are required to give notice of the 
sale of personal property under execution, and the time of sale 
shall not be more than ten days from the day of the taking, but 
he may adjourn the sale from time to time, not exceedingMiree 
days, and shall adjourn at once when there are no bidders, and, in 
case of an adjournment, he shall .put up a notice thereof at the 
place of sale. Any surplus remaining above the taxes, charges of 
keeping, transportation and fees of sale, shall be returned to the 
owner, and the collector shall, on demand, render an account in 
writing of the sale and all charges. 

Sec. 40. It the collector be resisted or impeded in the execu¬ 
tion of his office, he may require any suitable person or persons 


ASSESSMENT, ETC. 


39 


to aid mm therein, and it such person or persons refuse to give 
such aid, he, or each of them, shall forfeit a sum not exceeding 
ten dollars, to be recovered by civil action in the name of, and to 
the use ot the county, before any justice of the peace, on the 
complaint of said collector, or any other person, and the person 
or persons resisting shall be liable, as in the case of resisting the 
sheriff in the execution of civil process. 

Sec. 41. On the first Monday of November in each year the 
unpaid taxes of that year become delinquent, and shall draw 
interest at the rate ot twenty-five per centum per annum until paid, 
or collected by distress and sale, and taxes upon real property are 
hereby made a perpetual lien thereupon, against all persons or 
corporations except the United States and this Territory, and 
taxes due from any person on personal property, shall be a lien on 
any real property owned by such person. 

Sec. 42. On the third Monday of November in each year, the 
county collector shall make a final settlement with the county 
treasurer, and shall return a list of all unpaid' taxes, and the 
taxes collected, after deducting five per cent, thereof for his 
services in collecting the same, and thereafter all delinquent taxes 
shall be payable to the county treasurer, and each collector shall, 
also, at least once in each week during the time he is collecting, 
pay over to said treasurer the amount of money then in his hands 
payable to said treasurer, under any existing laws of this Terri¬ 
tory, taking the receipt of the treasurer for the same, and if any 
collector shall fail or refuse to make any payment or settlement 
required by law, he may be fined in any sum not less than one 
thousand dollars, nor more than five thousand dollars, to be 
recovered by action of debt by the board of county commissioners 
in the name of, and to the use of the people of the Territory of 
Wyoming. 

Sec. 43. In all cases where any person shall pay any tax, or 
any portion thereof, that shall thereafter be found to be erroneous 
or illegal, whether the same be owing to clerical or other errors, 
the board of county commissioners shall direct the treasurer to 
refund the same to the tax-payer, or in case any real property, 
subject to taxation, shall be sold for the payment of such errone¬ 
ous tax, the error in tax may at any time be corrected as above 
provided, and shall not affect the validity of the sale, but such 
property shall be redeemed by the county as hereinafter set forth. 

Sec. 44. The treasurer shall give notice of the sale of real 
property for delinquent taxes, by publication thereof, once a week 
for four weeks, in a newspaper in his county, if there be one, the 
first insertion of which notice shall be at least four weeks before 
the day of sale,and by a written notice posted on the door of the 
court house, or building commonly used therefor, for four weeks 


40 ASSESSMENT, ETC. 

before the sale, and if there be no newspaper published in the 
county, the like notice shall be given by posting one written notice 
in each of the most public places in the county in which any land 
to be sold is situated, and one on the court house door, or door of 
the county building. Such notice shall contain a notification that 

all lands on which the taxes of-have not been 

paid, will be sold, and the time and place of such sale, with a list 
of the lands. Ten per cent, upon the amount of taxes due shall 
be added when lands are advertised. 


Sec. 45. Such sale is directed to take place at the court house 
or county building, as herein provided, between the hours of nine 
o’clock in the forenoon and five o’clock in the afternoon, and may 
be adjourned from day to day, Sundays excepted, until all the 
lands are sold. 

Sec. 46. The purchaser who offers to pay the amount of taxes 
due on any parcel of land for the smallest portion of the same, is 
to be eonsidered the purchaser. The homestead is liable to be 
sold for no tax save that which is due on itself exclusively, and to 
that end the quantity of land bid in may be obtained by drawing 
the division line in any direction, so as to avoid the homestead. 


Sec. 47. The person purchasing any lot or parcel of land shall 
forthwith pay the treasurer the amount of taxes and costs on 
said lot or parcel of land, and on failure to do so, said land shall 
at once be sold again, in the same manner as if no sale had been 
made. 

Sec. 48. Ho irregularity or informality in the advertisements, 
shall affect in anv manner, the legalitv of the sale, or the title to 
any real property conveyed by the treasurer’s deed under this act, 
but in all cases the provisions of this act shall be deemed sufficient 
notice to the owners of the sale of their property. 

Sec. 49. The county treasurer shall make out, sign and deliver 
to the purchaser of any real property sold for the payment of 
taxes as aforesaid, a certificate of purchase, describing the property 
on which the taxes and costs were paid by the purchaser, as the 
same are described in the record of sale, and also how much and 
what of each lot or parcel of land was sold. If any person shall 
become the purchaser of more than one lot or parcel of land, he 
may have the whole put in one certificate. For each certificate, 
the purchaser shall pay the treasurer a fee of fifty cents. 

Sec. 50. Such certificate of purchase shall be assignable by 
indorsement, and such assignment shall vest in the assignee, or 
his legal representatives, all the right and title of the "original 
purchaser. 


Sec. 51. Ileal property sold under this act may be redeemed 
at any time before the expiration of two years from and after the 



ASSESSMENT, ETC. 


41 


‘late ot the sale, by the payment to the treasurer of the proper 
eounty, to be held by him subject to the order of the purchaser, 
of the amount for which the same was sold, and thirty per cent, 
on the same, with twelve per cent, interest per annum on the 
whole amount, from the day of sale, and the amount of all taxes 
accruing after such sale, with twelve per cent, interest per annum 
on such subsequent taxes, unless such subsequent taxes have been 
paid by the person for whose benefit the redemption is made, 
which fact may be shown by the collector’s receipt; Provided , 
That if real property of any minor, married woman, or lunatic, be 
sold for taxes, the same may be redeemed at any time within one 
year after such disability be removed upon the terms specified in 
this section, which redemption may be made by the guardian 
or legal representatives. 

Sec. 52. The county treasurer shall, upon application of any 
party to redeem any real property sold under the provisions of 
this act, and being satisfied that such party has a right to redeem 
the same, and upon the payment of the proper amount, issue to 
such party a certificate of redemption, setting forth the facts of 
the sale substantially as contained in the certificate of sale, the 
date of the redemption, the amount paid, and by whom redeemed, 
and he shall make the proper entries in the book of sales in his 
office, and shall immediately give notice of such redemption to 
the person holding the certificate of purchase. 

Sec. 53. Immediately after the expiration of the term of two 
years from the date of the sale of any lands for taxes, under the 
provisions of this act. which have not been redeemed, the treas¬ 
urer then in office shall make out a deed for each lot or parcel of 
land sold and remaining unredeemed, and deliver the same to the 
purchaser; upon the return of the certificate ot purchase, the 
treasurer is required to demand two dollars for each deed made 
by him on such sales ; but any number of parcels of land bought 
by one person may be included in one deed, as may be desired bv 
the purchaser. 

Sec. 54. Deeds executed bv the treasurer shall be substantially 
in the following form : 

Know all men by these presents, that whereas, the following 
described real property, viz : (here insert the description) situated 

in the county of--—, and Territory of Wyoming, was subject 

to taxation for the year (or years) A. D.-; and whereas the 

taxes assessed upon said real property for the year (or years) 
aforesaid, remained due and unpaid at the date of such sale here¬ 
inafter named, and whereas the treasurer of the said county did 

on the-day of-, A. D. 18—, by virtue of the authority 

vested by law, at (an adjourned sale), the sale begun arid publicly 

held on the-—, A. I). 18—, expose to public sale at the court 

—4 








42 


ASSESSMENT, ETC. 

house (or county building) in the county aforesaid, in substantial 
conformity with all the requisitions of the statute in such case 
made and provided, the real property above described, for the 
payment of the taxes, interest and costs then due, and remaining 
unpaid on said property, and whereas at the time and place afore¬ 
said, A. B., of the county of-, and - of ?—, 

having ottered to pay the sum of 


dollars and 


cents, 


being the whole amount of taxes, interest and costs then due and 
remaining unpaid on said property for (here follows a description 
of the property sold) which was the least quantity bid for, and pay¬ 
ment of said sum having been made by him to the said treasurer, 
the said property was stricken off to him at that price (and 

whereas the said A. B. did, on the-day of-, A. D., 

18—, duly assign, the certificate of the sale of the property as 
aforesaid, and all his right, title and interest to said property, to 

C. D., of the county of-, and-of-); and, 

whereas, two years have elapsed since the date of said sale, and the 
said property has not been redeemed therefrom, as provided for 
bylaw; now, therefore, I, E. F., treasurer of the county afore¬ 
said, for and in consideration of the said sum to the treasurer 
paid, as aforesaid, and by virtue of the statute in such case made 
and provided, have granted, bargained and sold, and by these 
presents do grant, bargain and sell, unto the said A. B. (or C. I).) 
his heirs and assigns, the real property last hereinbefore described, 
to have and to hold unto him, the said A. B., (or C. D.) his heirs 
and assigns forever, subject, however, to all the rights of redemp¬ 
tion provided by law. 

In witness whereof I, E. F., treasurer, as aforesaid, by virtue 
of the authority aforesaid, have hereunto subscribed my name, 
on this-- day of-, A. I)., 18—. 

E. F., treasurer. 

Which deed shall be acknowledged by the treasurer before the 
clerk of the district court, as follows : 

Territory of Wyoming, ) 

-county. f ,s '* 

L hereby certify, that before me the undersigned,-in 


and for said county, personally appeared the above named E. F., 
treasurer of said county, at the date of the execution of the above 
conveyance, and [known to me] to be the identical person whose 
name is affixed to, and who executed, the above conveyance, as 
treasurer of said county, and who acknowledges the execution of 
the same to be his voluntary act and deed, as treasurer of said 
county, for the purposes therein expressed. Given under my bund 
(and official seal) this-day of-, 18_ 


[Seal.]- 


Clerk of District Court, 





















ASSESSMENT, ETC. 


48 


Sec. 55. When, by mistake or unlawful act of the treasurer, 
land has been sold, on which no tax was due at the time, or when¬ 
ever land is sold unlawfully in consequence of any other mistake 
or irregularity rendering the same void, the county shall hold the 
purchaser harmless by paying him the amount of principal, interest 
and cost to which he would have been entitled had the land been 
rightfully sold, and the treasurer and his sureties will be liable to 
the county for the amount; Prodded , That the treasurer or his 
sureties shall be liable only for his own or his deputies’ acts. 

Sec. 56. The books and records belonging to the oflices of the 
clerk of the board of county commissioners and the county 
treasurer, or copies thereof duly certified, shall be deemed sufficient 
evidence to prove the sale of any real property for taxes, the 
redemption thereof, or the payment of the taxes thereon. 

Sec. 57. Ko action for the recovery of real property, sold for 
non-payment of taxes, shall be maintained unless the same be 
brought within six years after the date of the sale for taxes afore- 
said. « 

Sec. 58. Each county is responsible to the Territory for the 
amount of tax levied for Territorial purposes, excepting such 
amounts as are certified to be unavoidable, double, or erroneous 
assessments. 

Sec. 59. If any county treasurer prove to be a defaulter for 
Territorial revenue, such amount shall be made up to the Territory 
within the next two years, in such manner as the county commis¬ 
sioners may direct; in such cases, the county can have recourse to 
the official*bond of the treasurer for indemnity. 

Sec. 60. It shall be the duty of the treasurer of each county 
to make a settlement annually with the board of county commis¬ 
sioners on the second Monday of December, and as often during 
each year as said board may require it, and immediately thereafter, 
the treasurer of each county shall make a full and complete settle¬ 
ment with the Territorial treasurer, for the preceding year, and 
for his services as treasurer, he shall be allowed three per cent, on 
the dollar on all sums received and paid out by him, school money 
included, and shall be allowed fifteen cents per mile for going to, 
and returning from. Territorial treasurer’s office, to make an 
annual settlement, to be deducted out of Territorial tax; and 
upon his failure or refusal to make such settlements as required, 
he shall be fined in any sum not less than one hundred dollars, 
nor more than one thousand dollars, to be recovered by action in 
the district court, against the treasurer and his sureties, by the 
board of county commissioners. 

Sec. 61. Any officer neglecting or refusing to comply with any 
of the requirements of this act, for whose negligence or failure no 
other penalty is provided by this aet, shall be liable to a fine not 





4 4 


ASSESSMENT, ETC. 


exceeding one thousand dollars, to be recovered against him 
bis securities as provided in this act. 

Sec. 62. This act shall take effect and be in force from 
after its passage. 

Approved, December 10, 1869, 


and 

and 


[Note.—S ection 60 was amended to read as above, by act approved December 16th, 1871, 
sections 2, 22, 27 and 28 were amended to read as above, by act of December 11th, 187S»„ 
and section 12 was amended to read as above by both the aforesaid acts.— Compilers.] 


AUTHENTICATION. 


Wyoming Territory, Secretary’s Office. 

1, G. W. French, Secretary of Wyoming Territory, do hereby 
certify that the foregoing- election, school and assessment laws 
are true copies of the original laws on file in this office, and that 
they are published in accordance with a Joint Itesolutson of the 
Fourth Legislative Assembly of Wyoming Territory, approved 
December 7th, 1875. 



In testimony whereof I have hereunto sot 
my hand and affixed the great seal of the 
Territorv. this 22d day of March, A. D. 1876, 

G. W. FRENCH, 

Secretary of Wyoming 1 Terr, 

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